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HomeMy WebLinkAboutRES 09-010 RESOLUTION NO. 09-010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an interlocal purchasing agreement,substantially in the form attached hereto as Exhibit"A,"with the City of Temple, Texas, which would allow participation in a contract with Naztec, Inc., for the purchase of traffic signal equipment. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of January, 2009. � pjUMpM%Jil,t, W Mayor Becky Ames - i d INTERLOCAL AGREEMENT This agreement made and entered into this 4th day of December, 2008, by and between the CITY OF TEMPLE, TEXAS, (hereinafter called "TEMPLE") and the CITY OF BEAUMONT, TEXAS (hereinafter called "BEAUMONT") each acting by and through its duly authorized officials: WHEREAS, TEMPLE is a governmental entity engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, TEMPLE and BEAUMONT wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which TEMPLE and BEAUMONT may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of TEMPLE and BEAUMONT through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, TEMPLE and BEAUMONT have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; TEMPLE and BEAUMONT agree as follows: 1. TEMPLE and BEAUMONT will cooperate to provide a program for the purchase of various goods and services commonly utilized by all participants, where available and applicable, ("Cooperative Purchasing Program") and under such program may purchase goods and services from vendors under present and future contracts; 2. TEMPLE and BEAUMONT will enter into individual contracts with vendors under the Cooperative Purchasing Program provided for under this Agreement. TEMPLE and BEAUMONT shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such individual contracts. TEMPLE and BEAUMONT shall each make their respective payments from current revenues available to the paying party; 3. The Agreement shall in full force and effect until terminated by either party with at least thirty (30) days written notice prior to termination of the agreement; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon thirty (30) days written notice to the other participating entities set forth below the signatures hereto; 5. The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. l EXHIBIT "A" EXECUTED hereto on the day and year first above written. CITY OF TEMPLE, TEXAS CITY OF BEAUMONT, TEXAS David A. Blackburn, City Manager ATTEST: ATTEST: Clydette Entzminger, City Secretary APPROVED AS TO FORM: City Attorney's Office STATE OF TEXAS § COUNTY OF BELL § This instrument was acknowledged before me on the day of , 2008, by David A. Blackburn, City Manager of the City of Temple, Texas. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2008, by the of the City of Beaumont, Texas. Notary Public, State of Texas 2